Whistleblower Publisher Jim Schifrin Seems To Have Eluded The U.S. Postal Service: Certified Mail Copy Of Lawsuit Returned

CINCINNATI (TDB) -- He goes by the sobriquet Charles Foster Kane, and his Whistleblower Newswire is notorious for delivering a daily melange of gossip, bull, ranting, race-baiting and homophobic insults.  Often, truly newsworthy tidbits get sprinkled in between it all.  Now Schifrin seems to have avoided the mailman, who returned a certified mail copy of a libel lawsuit to the courthouse in Cincinnati unserved. Court records show the case, A1007974, went out on Aug. 31 and was returned undelivered on Sept. 8. The reason: There was no such number.  Either the Post Office couldn't find the house in Anderson Township or the address was wrong.

Kentucky lawyer Eric Deters, who claims Schifrin libeled him earlier this year, sent out another letter by regular mail on Sept. 21 with the goal of trying to serve the Whistleblower publisher. At the moment, Schifrin has not filed an answer to the civil case -- which suggests he still hasn't been properly served.  Judge Bob Winkler of the Hamilton County Court of Common Pleas has set a Nov. 15 case management conference, so we'll find out more by then.  Deters wants monetary damages and a preliminary injunction that would prohibit Schifrin from making any comments -- flattering or unflattering -- about the Kenton County lawyer.  Here's how Deters described the item that got under his skin:

"On or about August 13, 2010, Defendant posted and published on the Whistleblower, with malicious intent, an article under the title 'Bluegrass Betrothals' which claimed that Plaintiff had given his former client and current employee, Nicole Howell, a 'promise ring' while Plaintiff's 'impending divorce isn't even filed, much less final.'  All of his is completely false."

To obtain the preliminary injunction, Deters would have to show the public would not be harmed by censoring the Whistleblower.  But clearly there would be harm -- numerous Cincinnatians read it daily.  They ask to have it wired into their e-mail accounts.  The Daily Bellwether reads it, often winces and frequently is upset by the content.  Yet The Daily Bellwether would be harmed because there is information in The Whistleblower that is useful -- or can turn up useful material.  The information highway is not without its bumps and dangerous curves.  Censoring Schifrin with an injunction that bars him from publishing any material he damn well pleases would definitely harm the public.  If he has to write a check for defaming Deters -- provided that malice is proven -- that's another matter altogether.  He may have to pay after a day in court -- provided he can be served with the lawsuit.  Right now, it looks like Charles Foster Kane really should be called "Slipper Schifrin."

John Kasich's Top Advisers Include Lehman Brothers Lobbyist: Failed Wall Street Firm's Fingerprints All Over Ohio Campaign

Lehman Brothers Lobbyist Form

CINCINNATI (TDB) -- A lobbyist who represented Lehman Brothers is a key figure in Republican candidate for Ohio governor John Kasich's campaign.  Robert F. Klaffky worked for the failed Wall Street investment bank as a registered "legislative agent" in Columbus between 2000 and 2008.  Those years coincide with Kasich's time as Lehman Brothers managing director.  Klaffky's lobbyist registration form shows he reported to a Lehman Brothers office on the 11th floor of a building at 399 Park Avenue in midtown Manhattan.  For a time, that address gilded the most expensive office building in the world.  It was purchased for $1.06 billion in 2002.  399 Park Avenue is a 41-story office building that houses the world headquarters of Citigroup.  Lehman Brothers collapsed in bankruptcy in late 2008 -- it demise worsened the Great Recession and waves of woe are still washing over the U.S. economy.  Klaffky stopped lobbying for Lehman Brothers in December 2008 when the firm went belly up. 

Klaffky's Ohio lobbyist registration documents can be found by searching here, which takes you to the portal of the Joint Legislative Ethics Committee. The Daily Bellwether has posted a 2008 form filed by Klaffky that discloses his affiliation with Lehman Brothers. Klaffky said he was engaged to handle "all issues pertaining to the client."   Kasich has tried to minimize his Wall Street connections during the campaign for governor.  For example, the Republican candidate's official biography posted on his campaign website does not mention that he was a Lehman Brothers executive.

Four months ago, Columbus Dispatch reporters Joe Hallett and Mark Niquette wrote a story naming the insiders in the campaigns of Republican Kasich and Democratic Gov. Ted Strickland. Lehman Brothers lobbyist Klaffky was lumped in the group that Kasich called his key aides.  But the story did not mention the identify of Klaffky's lobbying clients.  You can read the excerpt below: exeHneidentify the firm say w:

"Kasich described his campaign as "kind of like getting the band back together." It is a mix of longtime trusted aides from his years in Congress, such as Wayne Struble, Don Thibaut and Ben Kanzeg, and newcomers such as Hansen and communications director Scott Milburn.
Kasich gushes accolades when discussing campaign staffers and volunteers individually, saying, 'A better team, in my opinion, has never been assembled since I've lived in this state. I will live and die with them.'

"Along with paid staffers, an assortment of former co-workers, unofficial advisers and old friends can be found on any given day at Kasich's Downtown headquarters. Among them: former Lehman Brothers colleague and right-hand man Jai Chabria, who Kasich said is "like a member of my family"; Franklin County GOP Chairman Doug Preisse; lobbyist Robert F. Klaffky; and longtime personal friend Ron Hartman, a member of Kasich's Bible study group."

USS Ohio Among Four Navy Subs Getting Female Officers: Ship's Skipper Was Fired Last Month

Ladies Joining USS Ohio Crew

CINCINNATI (TDB) -- The nuclear submarine named for the State of Ohio has been picked to end a tradition as old as the undersea service -- that women can't serve aboard subs due to cramped quarters with male crews.  The thinking was: There is no room for separate bunks and bathrooms, curlers and makeup, bras and panties.  And birds and bees.  But the orders have come down -- make space.  The Navy made the announcement that the Ohio would get three female officers today, a month after the Ohio's captain was relieved of command for "inappropriate personal behavior." Apparently, 56-year-old Capt. Ronald Murray Gero had his mind on a woman other than his wife. Some of his fellow shipmates thought the 36-year veteran was distracted -- he had been an outstanding officer. Here's full text of the Navy's press release about the subs picked to have women in their crews:

"KINGS BAY, Ga. (NNS) -- USS Wyoming (SSBN 742) and USS Georgia (SSGN 729) homeported in Kings Bay, Ga., and USS Maine (SSBN 741) and USS Ohio (SSGN 726) homeported in Bangor, Wash., are the initial four submarines that have been selected to integrate female officers into their crews.  The blue and gold crews of the four submarines will each be assigned three female officers.

"Two of the women will be submarine officers, and the third female officer will be a warfare qualified supply officer.  They will be assigned to their first submarine duty station after completing training, which consists of nuclear power school, prototype training and the Submarine Officer Basic Course. They are expected to report to their assigned submarines beginning December 2011."

Cincinnati Vice Mayor Roxanne Qualls Wants Bail Bond Accounting: Sees $$$$ Due City Cops To Battle Neighborhood Street Crime

Qualls Says Show Me The Money

CINCINNATI (TDB) -- Roxanne Qualls heads the City Council's budget and finance committee and is looking for every penny available to close a $60 million budget gap.  Qualls has written Republican Clerk of Courts Patricia M. Clancy seeking a "formal accounting of cash bonds that are uncollected and the amount due to the CPD" -- Cincinnati police division.  The letter was hand-delivered to the clerk's office last Friday.  So far, Qualls has not gotten a response.  The Daily Bellwether has been reporting for nearly two weeks that Hamilton County judges have ordered cash bonds forfeited and that more than $4 million could be due and owing. Some of the uncollected bail bond money dates back to the mid-1990s.

 Meanwhile, there is a new twist to the bail bond scandal that seems to involve missing records.  Last week, the clerk of court's office released a computer printout showing it had 56 separate felony case where forfeited bonds had not been collected. But it now appears the list wasn't entirely accurate.  Perhaps there was a book keeper error, perhaps a mistake.  Or maybe the public records are just not up to date.  Or maybe something was being hidden.   



Judgment Missing from List 

 The Bellwether noticed that Case No. B-0802589 was not on the list made public last Thursday. The list was released in response to a freedom of information request filed by Hamilton County Democratic Chairman Tim Burke, who asked to see every forfeited bond that was owed. There is a $100,051 judgment for a forfeited bond in B-0802589 that was put on the books last year. The judgment has not been cancelled, according to county records. The case involves a convicted sex offender -- now a state prison parolee -- who failed to show up on court on charges that accused him of failing to register in Hamilton County. Interestingly, that offender had been shipped off to prison in an earlier criminal case, B-0403402, decided by Hamilton County Common Pleas Judge John Andrew "Skip" West. The plot thickens a bit because West forfeited a $20,000 cash bond after the defendant didn't show up for a court date. And that forfeiture is still owed to the county. Bottom line: one sex offender accounts for $120,000 in uncollected bail bond forfeitures involving two separate cases that date back six years.

Norwood Pension Flap Class-Action Settlement In Works: City And Retirees Ask Judge For 'Fairness Hearing'

CINCINNATI (TDB) -- The argument was over complaints that Norwood illegally shifted  increased costs for health care insurance to its pensioners.  Former police and fire department workers said they took lower pay in the 1970s in exchange for promises of medical benefits after they retired.  When the costs rose, Norwood broke its promise.  Judge Charles Kubicki has not set a date for the fairness hearing in Hamilton County Common Pleas Court, but the joint request filed last week signals that the conclusion of the lawsuit is near.  The case -- which involved about 150 city workers -- is important, although it has not attracted a great deal of attention.  The Norwood case shows that attempts by state and Cincinnati officials -- who are battling an explosion in pension expenses for public employees -- to chop retirement benefits for government workers will likely wind up in court.

The Norwood lawsuit is Case No. A 098881 and was filed by retirees who started working for that city before 1975.  The city promised health care benefits as part of the pension package.  The retirees said said they gave up pay raises and cost of living adjustments in exchange for the health care benefits.  The retirees claim that in 2005 Norwood forced them to begin paying a portion of their health care insurance premiums:

"Sometime in 2005, the city, without any notice or process being provided to the retirees, implemented a policy that certain police and fire retirees that were non-Medicare eligible would not be reimbursed for all health care premiums.  Indeed, the evidence [to be presented at trial] will reveal that the City reimbursed these premiums since at least 1990 as part of its contractual obligations that were made when induced the retirees to continue to work for at as well as certain language contained in police and fire labor contracts.  Many retirees were made aware of this newly adopted policy not by the City, but by the third party administrator that handles their claims and paperwork."

Norwood said it agreed to pay up to $2,250 a year for co-pays, deductibles and medical expenses not covered by the pension insurance, which came from the Ohio Police and Firefighters Fund.  Norwood contended:  "Any medical expense not covered by the applicable insurance policy or in excess of the ($2,250 a year) would be paid for  by the retirees. . . The plain language of the plan limits benefits to $2,250 'per plan year for each plan participant.'  The language could not be any more clear or unambiguous."

Kubicki was scheduled to try the class-action Oct. 7 without a jury.  The trial was canceled.  The case was originally filed in U.S. District Court where Judge Michael Barrett spent three days holding unsuccessfully settlement talks.  It was moved to Common Pleas Court last year, were the parties tried to mediate a deal.  They have explored a possible settlement, and the Oct. 12 request for a fairness hearing indicates they reached an agreement.  A fairness hearing is unique to class-action litigation -- it requires the judge to determine that the settlement is fair, adequate, reasonable and not based on collusion between the lawyers.  The judge is supposed to act as the protector of the class, and once the settlement is presented, the judge make his evaluation.

Cincinnati-Based Convergys Hangs Out Help Wanted Sign: Adds 500 New Jobs In Costa Rica, Apply At Bldg. 3, Barreal de Heredia

Convergys Puts Another Call Center in Cost Rica  

CINCINNATI (TDB) -- Offshore and outsourced telephone calls getting under your skin when you try to straighten out a bill, or get help with a product.  There's more of that coming your way from Cincinnati-based Convergys Corp., which soon will have 1,600 people working the phones from call centers in Costa Rica in Central America.  The expansion has been big news in Central America, but hardly noticed in Cincinnati, where the mainstream media hasn't mentioned the latest outsourcing operation. The president of Costa Rica, Laura Chinchilla Miranda, left the capital in San Jose to dedicate Convergys' newest addition earlier this week. She toured the production floor in tow with two top Convergys' execs.  Here's a brief press release from the Costa Rican trade development board, which says the new hires will handle transactions and take calls in English.

The Cincinnati company -- which has taken economic development aid from officials in its hometown -- set up shop in Costa Rica in March 2009. It now has three facilities there. Call Centre Clinic, an industry trade publication, says Convergys is growing:

"Once this third site is fully staffed, Convergys will employ over 1,600 talented employees in Costa Rica. Convergys will employ over 500 individuals in the new 35,000 square foot Convergys Costa Rica III contact center. Six training rooms will help ensure that employees are well prepared to provide superior customer experiences to the customers of Convergys’ clients."

Christine Timmons Barry, a senior V.P. with the Cincinnati company, said Costa Ricans are bilingual, which means that customer care calls can go back to America, where most people speak English. She didn't say what the Costa Ricans are being paid -- probably far less than U.S. workers would earn. So cheap labor may be behind the interest in Costa Rica's labor pool. Said Timmons Barry:

"Our clients appreciate the high quality bilingual customer care we offer from Costa Rica, and it is client demand that is fueling our continued growth here. Costa Rica boasts a highly-educated, dedicated, bilingual population that shares a strong cultural empathy with our client’s customers. The opening of this new facility will help ensure that Convergys continues to meet our global clients’ current and future need to provide superior customer experiences.”